HUNTSVILLE, Alabama -- The federal trial here seeking to overturn Alabama's property tax system saw the continued testimony of an Alabama school finance expert Tuesday morning, as he was cross-examined by a state attorney.

Dr. Ira Harvey, an education consultant who helps trains school superintendents on finance matters, was cross-examined by attorney Tony Miller.

Miller pressed Harvey on whether the lack of property tax funding in 12 Black Belt counties had more to do with a lack of commercial property in those areas, rather than large portions of the county being taxed at the low "current use" rate set out in Alabama law in 1978.

Harvey said the tax capacity of those counties would be greater if the property was assessed at fair market value, but would certainly also benefit from commercial growth.

The lawsuit was filed against the State of Alabama by families of black schoolchildren in Lawrence and Sumter counties and families of white schoolchildren in Lawrence County. The suit argues Alabama doesn't tax property correctly, which hurts schoolchildren who attend underfunded public schools.

Scott also pointed out that many Alabama counties do not levy the full 15 mills allowed under the law -- pending approval by local voters -- including both Lawrence and Sumter counties.